PLEASE HELP!!! Want to marry her but she is illegally here!!

[JimVaPhuong 4,863]

I do not know about your country but as for mine all my friends did it and came back, it only say there is no garantee but if she can provide a valid reason ie a death certificate or sickness she will be able to return. My girl dad just died and she overstayed 3yrs on b1/b2 was adjusting status and had to apply for the advance parole letter and got it went down to the funeral march 7 and return march 12 it happens I would not have given this advice if I did not know it could work.

Thanks though for the advice and like I said I do not know for your country but I have seen it done for mine.

I agree with Boiler. It has nothing to do with what country you're from. It's entirely up to the discretion of the CBP officer. If they determine that the entry ban applies, then they'll put you on the next plane back to your home country. Fortunately for your friends, CBP doesn't always thoroughly check out each person entering the US. They probably just checked to see if the AP document was valid.

There are a gazillion things you can do with regards to US immigration, and some of them involve significant risks. It's never a good idea to recommend someone try to do something that is known to carry significant risk on the basis of some people you know who have done it successfully, especially when the consequences of failure are so severe.

The overstay is not officially waived until the AOS has been approved. The prudent thing to do would be to wait for the green card before traveling.

[Kittyfang 6]

For what it's worth, when I first called USCIS to figure out what I had to do, the thing that was really stressed to me was "don't leave the country is you have an overstay". When they were going down the list of the documents I need, they stopped at the I-131 and said "it comes with the package usually, but you don't need that one because you're an overstay".

I'm #######, so I called again and again and got the same conversation every time. I even called community organization (the kind that helps you file your immigration papers for a reduced fee). I didn't end up using them because VJ is better help, but even the community organizations told me "don't file the I-131 because you can't use it with an overstay".

The moral? Yes, I understand that you can use it, but it might cause huge problems trying to get back in the U.S.. I don't know about you, but I would play it safe and side with the huge percentage of people saying that you'll have problems coming back in, rather that the one person who somehow got back in.

[NBF 1]

Hi. Glad I found this site. I have a quick question. I am a us born citizen. I am a 38 year old male, and I met a woman (28) from Brazil, about 10 months ago. We now live together. I do not want to go into particulars, but she came here on a tourist visa, with her 6 year old daughter, and never left. Our love is genuine, so I am not worried about fraud at all, we sleep in the same bed every night. We want to get married, but we do not have a lot of money, so I am trying to do this without a lawyer. However, I do not want to get her deported either. Does anyone know, what the procedure would be to file for whatever kind of visa I need so that she can stay, and we can get married. I would be devastated if she got sent back to Brazil. So I need to do this correctly. She cannot drive, or work and is scared to even go to the supermarket, because here in South Florida, the police stop people all the time to check immigration status. Whatever happened to our CONSTITUTION???????? Everyday they tear it up just a little more...

So if someone could explain to me how to go about filing paperwork, and what paperwork to file, I would be very grateful.

Signed:

grambo112233 (canthaveherdeported!)

Any posts would be very appreciated.

grambo112233, I may have missed it, but is your girlfriend married, divorced, widowed? I think if she is married it will only add to your problems. Also, won't she have to jump through hoops because of her underage daughter? Seems like there's a load of legal turns and twists when it comes to underage children. Has the father given his wife full custody? Does he even know she is in the US with her mother? Just a few questions for you to consider. Good luck on your journey.